The Netherlands Nationality Act (RWN) entered into effect on 1 January 1985. This Act provides that persons born in another country who possess both Dutch nationality and the nationality of the country of their birth lose their Dutch nationality if, after attaining the age of majority, they live for an uninterrupted period of ten years in the country of their birth of which they are also nationals in addition to Dutch nationality (section 15c of the Netherlands Nationality Act). Some years after the entry into force of the RWN the Dutch Government acknowledged the need to reverse this loss of Dutch nationality.In consequence, three Bills were drafted to amend the RWN. The last of these passed the Lower House in April 2000 and was approved by the Upper House in December 2000. The Act enters into force in stages, the first stage being on 1 February 2001 and the second on April 1, 2003.

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On 1 February 2001 the first part of the amended RWN (section V, subsection 2) enters into effect. This provision ensures that Dutch nationality will automatically be restored to all those who lost it under section 15 (opening words and subsection c) of the RWN. They will be deemed never to have lost their Dutch nationality. The same applies to their minor children. The section is applicable to persons issued with a Dutch passport or proof of Dutch nationality after 1 January 1990. It is important to ascertain on what date the passport or proof of Dutch nationality was issued, as a new ten-year period after which the nationality could be lost commences on that date. This ten-year period cannot begin earlier than 1 January 1992. The same applies to children who lost Dutch nationality because their parents lost it under section 15c of the RWN. Since obviously not everyone received a Dutch passport or proof of Dutch nationality on the same date, the following point is important.Persons last issued with a Dutch passport or proof of Dutch nationality between 1 January 1990 and 31 December 1991 must apply for a new passport or proof of Dutch nationality before April 1, 2003.

Stage 2 (for persons not issued with a Dutch passport or proof of Dutch nationality since 1 January 1990)

On April 1, 2003 the remaining sections of the amended RWN (including section V, subsection 1) will enter into effect. This section applies to persons who lost their Dutch nationality under section 15c of the RWN, but whose nationality will not be restored as described in stage 1. This section provides for the possibility of regaining Dutch nationality. The persons concerned must submit a written declaration to the Dutch diplomatic or consular mission for their place of residence. The submission of this written declaration of the desire to regain Dutch nationality will ensure that Dutch nationality is restored with retroactive force as from the moment at which it was lost. This restoration of Dutch nationality is conditional upon written confirmation from the Dutch authorities. Minor children living with their parents automatically share in the restoration of Dutch nationality, provided the parent who opts for Dutch nationality requests it for them. No rights can be derived from the above.The complete text of the amended Netherlands Nationality Act may be found in the Government Gazette of 21 December 2000, Bulletin of Acts and Decrees 618.

Information provided by Dutch consulate in Montreal (Canada)

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